Moving Forward

~ Anti-discrimination and anti-vilification legislation

Is your party committed to the enactment of Commonwealth legislation outlawing discrimination and incitement to hatred on the grounds of sexual orientation and gender identity?

Is your party committed to ensuring that this legislation has no exemptions for private clubs or religious or religious-based institutions which allow discrimination or incitement to hatred on the grounds of sexual orientation and gender identity?

Labor's National Platform states:

Labor supports the enactment of legislation prohibiting discrimination on the grounds of a person's sexuality or gender identity and will audit Commonwealth legislation to amend provisions that unfairly discriminate against any person on the grounds of sexuality or gender identity.

At this stage, Labor's priority is the elimination of all forms of discrimination on the basis of sexual orientation from Federal legislation. State legislation already offers substantial coverage to discrimination and vilification on the basis of sexual and gender orientation.

As such, Labor has no plans to introduce federal Anti-Discrimination legislation specifically banning discrimination on the basis of sexual orientation or gender identity in our first term in office.

~ Superannuation

Is your party committed to ensuring that partners in same-sex and different-sex relationships have the same entitlements in legislation governing both private superannuation schemes and those schemes established for Commonwealth employees?

If so, how and when? If not, why not?

The Labor party is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality.

That means ending discrimination in the area of superannuation as well as many others.

~ Employment entitlements and conditions

Is your party committed to the amendment of industrial relations laws, as well as laws governing the entitlements of Commonwealth public servants, parliamentarians and other government officials, to ensure that partners in same-sex and different-sex relationships have the same entitlements?

If so, how and when? If not, why not?

As noted above, Labor is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality.

All practical, day-to-day discrimination faced by the gay and lesbian communities will be removed from our laws.

~ Taxation, social security, aged care and Medicare

Is your party committed to the relevant amendments to taxation and social security laws and provisions governing access to aged care and Medicare entitlements, to ensure partners in same-sex and different-sex relationships have the same entitlements?

If so, how and when? If not, why not?

As noted above, the Labor party is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality.

That means ending discrimination in the areas of taxation, superannuation, social security benefits, the Medicare Safety Net, immigration, veteran's entitlements and all other areas (aside from the Marriage Act). All practical, day-to-day discrimination faced by the gay and lesbian communities will be removed from our laws.

~ Family law and parenting

Is your party committed to the necessary amendments to the Family Law Act, Family Law Court practices and policies, and all other Commonwealth laws relevant to parenting and the care of children, to ensure partners in same-sex relationships and different-sex relationships, and their children, have the same entitlements and legal rights?

If so, how and when? If not, why not?

~ Other discrimination against same-sex relationships

Is your party committed to removing discrimination against same-sex couples in other areas of Commonwealth jurisdiction not already mentioned in this survey including in all those 58 federal laws identified in the Human Rights and Equal Opportunity Commission report, "Same sex: same entitlements"? If so, how and when? If not, why not?

Is your party committed to reform of the Marriage Act to allow same sex couples to marry? If so, how and when? If not, why not?

Is your party committed to formally recognising and entitling same-sex and other relationships in other ways, including through civil union schemes or relationship registries? If so, how and when? If not, why not?

Labor supports the removal of discrimination against gay and lesbian Australians in federal legislation, and we have pledged to address this issue as well as committing to a new scheme of state-based relationship registers if we win government.

Despite previous promises they would amend discriminatory laws, the Howard government has been in power for nearly twelve years, and has still not begun to move on the removal of discrimination against gay and lesbian Australians and same-sex couples. If elected, Labor would move to amend federal legislation to remove this discrimination.

However, Labor does not support same-sex marriage. Labor has, in the past, supported the introduction of provisions in the Marriage Act which state that Marriage is 'the union of a man and a woman to the exclusion of all others, voluntarily entered into for life' and, in office, we will maintain this provision. The insertion of these provisions into the Act did not ban gay marriage it merely updated the Act to reflect the existing common law.

Good government and a just society are not about ensuring that everyone is the same, but ensuring that they have the same opportunities. Labor does not support the proposition of equality of outcome. Instead, Labor supports equality of opportunity. That is why Labor has proposed to remove practical, day-to-day discrimination.

The recent report of the Human Rights and Equal Opportunity Commission, Same Sex: Same Entitlements considered the issue of same-sex marriage and came to the conclusion that marriage rights were not required to remove discrimination, stating:

"An opposite-sex couple does not have to marry to get those entitlements; nor should a same-sex couple have to marry.

So, while same-sex marriage or civil unions could assist those couples who choose to formalise their relationship in that way, this Inquiry has focussed on ensuring that all couples have all the same rights whether or not they are married."(p.18)

Labor will systematically move to end discrimination against gays and lesbians across federal legislation, and will provide for the legal recognition of same-sex relationships via a state-based relationship register. These are measures which the Howard government has not even attempted to undertake in their nearly twelve years in power.

In addition, Labor does not believe that the current method in the federal system of providing for these relationships through definitions of 'interdependency' is sufficient, for the reasons outlined in the HREOC report:

An 'interdependency' relationship may impose different criteria than a couple relationship;

An 'interdependency' relationship mischaracterises a same-sex relationship;

A federal 'interdependency' category creates inconsistencies with state and territory laws.

~ Violence

Is your party committed to a funded national strategy to tackle homophobic and transphobic violence, including appropriate research on the nature and extent of this hate crime, and the inclusion of domestic violence experienced by samesex partners within existing domestic violence policies and programs?

As noted above, the Labor party is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality. This commitment is across all federal legislation. Labor's Platform reiterates our belief that All Australians are entitled to live safe from family violence and physical and emotional abuse.

Labor will:

support measures to reduce violence in our community, including domestic violence;

take a coordinated evidence based approach to ending violence including sexual violence and domestic violence; provide a uniform national mechanism to help protect Australians against family violence and abuse; support the establishment of a national database to record and advise authorities of family violence and abuse orders: ensure access to legal assistance and community services for people escaping family violence and abuse; conduct research and education to counteract the effects of family violence and abuse; ensure women and children are protected from family violence in the family home or through access to high-security refuges with skilled staff to support them; support the establishment of specialised State domestic violence court services to ensure the speedy and appropriate handling of complaints; and offer continued support to successful programs already established to combat domestic and family violence, such as the National Domestic and Family Violence Clearinghouse and ensure that funding gives organisations some ability to plan long-term.

~ Suicide

Is your party committed to a funded national strategy to prevent suicide within the lesbian, gay, bisexual and transgender communities, and the inclusion of homophobia and transphobia as important causal factors within existing anti-suicide programs?

Labor is committed to working with working with the gay, lesbian, bisexual and transgender groups to develop national, targeted strategies for preventing suicide in the gay, lesbian, bisexual and transgender community. Labor understands homophobia and transphobia are important causal factors in high rates of suicide amongst gay, lesbian, bisexual and transgender people and will work with the GLBT community to identify the most appropriate ways of addressing these issues in suicide prevention strategies.

~ Education

Is your party committed to the development of national benchmarks, policies and programs to eliminate homophobic and transphobic bullying in schools.

Is your party committed to tying these benchmarks, policies and programs to the disbursement of Commonwealth education funding?

Schools should be places free of violence and bullying where all students feel safe and secure. A Rudd Labor Government will enforce anti-discrimination laws that prohibit bullying, violence or any form of abuse on the basis of sexual preference. Labor supports anti-bullying programs and policies that seek to eliminate bullying, including bullying based on sexual preference in schools.

Labor supports the inclusion of the commitment to the National Safe Schools Framework in the Schools Assistance Act 2004 that enables Commonwealth funding to schools.

~ Health

Is your party committed to the development of a comprehensive national strategy on improving health outcomes for lesbian, gay, bisexual and transgender Australians?

Labor is strongly committed to working with lesbian, gay, bisexual and transgender Australians to develop comprehensive strategies to improve the health of the gay, lesbian and transgender community.

Is your party committed to eliminating discrimination on the grounds of sexual orientation and gender identity in the provision of Commonwealth-funded health services?

Labor is committed to equality for gay men, lesbians and same sex couples and, if elected, will remove provisions which discriminate on the basis of sexuality.

This includes ending discrimination in all laws relating to Medicare and PBS benefits. All practical, day-to-day discrimination faced by the gay and lesbian communities will be removed from our laws.

~ Foreign Affairs

Is your party committed to multi-lateral and bi-lateral advocacy against persecution on the grounds of sexual orientation and gender identity?

Does your party support a UN resolution on sexual and gender identity discrimination?

Labor has a proud tradition of activism in international affairs. We are determined to bring to Australia's foreign policy the conviction and commitment which saw previous Labor governments play critical roles in world events, including the formation of the United Nations, the proclamation of the Universal Declaration of Human Rights, establishment of the South Pacific Nuclear Free Zone, the banning of chemical weapons and in the development of Australia's vital engagement with the Asia Pacific region.

The Universal Declaration of Human Rights enshrines the rights of life, liberty, security of person, equal protection before the law and privacy. All of these elements create a requirement to protection, regardless of a person's gender or sexual identity. As such, Labor believes it is incumbent upon all signatories to advocate for such protection internationally. We would do this at appropriate times during bilateral dialogue, as well as through the multilateral framework of the UN. Labor would examine any proposals of multilateral action with the above objectives in mind.

~ Military Service

Is your party committed to an Australian Defence Force anti-harassment policy which includes harassment on the grounds of sexual orientation and gender identity, and training in sexual and diversity issues for ADF personnel?

The Labor party is committed to equality for gay men and lesbians. We believe that bullying and intimidation has no place in our society, including in our defence forces. Federal Labor has strongly supported the Senate Foreign Affairs, Defence and Trade Committee Review of reforms to Australia's military justice system and considers that harassment and discrimination on any grounds, including sexual preference, is unacceptable in the Australian Defence Force.

Is your party committed to equal entitlements for same-sex and different-sex couples in all relevant ADF entitlements and benefits?

As noted above, if elected, Labor will remove provisions which discriminate against samesex couples from federal legislation (with the exception of the Marriage Act).

~ Immigration and Asylum seekers

Is your party committed to granting same-sex couples the same legal rights in immigration law as different-sex couples?

As noted above, if elected, Labor will remove provisions which discriminate against same-sex couples from federal legislation. This includes the Migration Act.

Is your party committed to the formulation of government refugee policies which recognise that the criminalisation of homosexual activity, as well as a state's failure to protect sexual minorities against systematic violence, amount to persecution within the terms of the relevant international conventions, and are grounds for granting refugee status in Australia?

The Refugee Convention does not specifically refer to individuals being able to claim protection based on a well founded fear of persecution because of their sexuality. However, in Australia people are able to claim protection on the basis of sexuality on the grounds of having a well-founded fear of being persecuted for membership of a particular 'social group'.

~ Transgender and intersex issues

Is your party committed to recognising the gender identity of transgender and intersex Australians on relevant official documents including passports?

Labor's National Platform is generally supportive of the removal of discrimination on the grounds of gender identity (page 207):

10. Labor supports legislative and administrative action by all Australian governments to eliminate discrimination, including systemic discrimination, on the grounds of race, colour, sex, religion, age, sexuality, gender identity, disability, genetic makeup, political or other opinion, national or social origin, property, birth or other status.

15. Labor believes that people are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexuality or gender identity. Labor supports the enactment of legislation prohibiting discrimination on the grounds of a person's sexuality or gender identity and will audit Commonwealth legislation to amend provisions that unfairly discriminate against any person on the grounds of sexuality or gender identity.

Labor has written to the current Foreign Minister, Alexander Downer MP, to clarify why this Determination was necessary. When Labor knows the full set of circumstances surrounding the decision, we will be able to provide further advice.

Is your party committed to up-holding the High Court decision which allows transgender people to marry the opposite-sex partner of their choice following gender re-assignment?

The case which is referred to (Re Kevin (Validity of Marriage of Transsexual)) was decided by the Full Bench of the Family Court. The government ultimately did not appeal the decision to the High Court.

Labor has no plans to overturn the decision of the High Court in this case.

Is your party committed to continuing and/or extending the Medicare benefits available to transgender people undergoing gender re-assignment?

Federal Labor has no current policy to change the Medicare benefits available to transgender people undergoing gender re-assignment.

~ Commonwealth Government funding and consultation

Is your party committed to on-going consultation with gay, lesbian, bisexual, transgender and intersex communities through the establishment of government / community liaison committees?

Is your party committed to funding of, and consultation with, gay, lesbian, bisexual, transgender and intersex peak bodies on the same basis as other organisations representing disadvantaged minority interests?

Labor is committed to broad consultation with community groups and stakeholders in decision-making processes in either government or opposition. Consultation processes are determined on a case-by-case basis according to the specific circumstances at hand.